Former Lw Vice Agent Gets Probation For False Report

November 13, 1985|By Rich Pollack, Staff Writer

A former Lake Worth vice agent, who prosecutors said filed a false report after firing his gun at a fleeing car, was put on a year`s probation Tuesday and told that if he violates it he will go to jail for at least six months.

Victor Rosario, who was fired earlier this month, pleaded no contest to the misdemeanor charges and later told Palm Beach County Judge Michael Miller he regretted the incident.

Police charged that Rosario and another vice agent falsely reported they had been fired on by an occupant of a car they were chasing. The officers, who fired on the car but didn`t hit any of the occupants, later admitted that no shots were fired at them.

``I did commit a mistake and I`m sorry it happened that way,`` Rosario said.

Despite the objections of prosecutors Miller agreed not to find Rosario guilty, thus keeping what officials said was his spotless record intact.

Miller said he routinely withholds adjudication of people with misdemeanor charges. ``I think he deserves the same treatment,`` Miller said.

The judge, however, said that Rosario could still face jail time.

``If he violates any terms of his probation, even a technicality, I`ll give him six months in jail,`` Miller said, adding that if it is a major violation he will place Rosario in jail for a year.

The judge also ordered Rosario to make restitution to the owner of the car that was damaged.

Prosecutors, asking that Rosario be judged guilty, argued that Rosario`s future testimony against persons he has arrested would be suspect and the cases could be in jeopardy.

``It`s going to be a great problem to put him on the stand as a witness,`` Assistant State Attorney Judy Stevenson said. ``As (a prosecutor) you must have good faith that he is telling the truth. He has hurt many cases for this office.``

Rosario`s defense attorney, however, said that since Rosario was not found guilty, prospective juries could not be told that Rosario was arrested.

Rosario and Officer Thomas Crowley were accused of falsifying reports in which they claimed they were shot at by a passenger in a car they chased into Lantana on Sept. 21. The officers said they returned the fire.

Investigators from the Lake Worth Police Department and Palm Beach County State Attorney`s Office later determined that the two suspects were unarmed. Police said Crowley later told investigators that he and Rosario made up the story about being shot at.

Aggravated assault charges filed against the two suspects were later dropped.

Crowley is scheduled for a plea conference before Miller today.

During Tuesday`s brief hearing, Rosario`s attorney David Roth told Miller that his client did make a mistake in writing the false report but did it to help Crowley.

``He had no other motivation other than to help his partner,`` Roth said.

Roth said Rosario has been working as a carpetlayer since being fired.

``I don`t want my client to be a convicted criminal for a 30-second decision that already cost him his job,`` Roth said.